Joseph R. Thompson v. David E. Groshens and Elmer Lentz

OPINION OF THE COURT

This is an appeal from an order of the district court which denied appellant’s motion for the convening of a three-judge district court and dismissed his complaint, 342 F.Supp. 516. The complaint alleges that Pa.Stat.Ann. tit. 18, § 4733, which provides a summary remedy against husbands for support of a wife and children, is unconstitutional. Proceedings brought pursuant to the Pennsylvania statute are pending in the Montgomery County Court of Common Pleas. In an earlier stage of the Commonwealth nonsupport proceeding the appellant made the same challenges to the…